RE: New statement on GOGC website19 May 2020 04:10
Pt.2
The demand of the Georgian side covered 3-4 main issues:1. First was the issuance of an order on the concession of almost 99% of the territories, which had to be done by Frontera back in November 2017, and since then was refused to be done; 2. The second was to prove that Frontera had committed material breach of the contract; 3. The third was the issuance of an order on Frontera regarding the reimbursement of legal costs related to the arbitration proceedings. In addition, Frontera demanded $ 3.5 billion against Georgia, and therefore our Fourth task was to protect Georgia from this lawsuit. If we consider now these issues, we will see that all four were satisfied: Frontera is obliged to relinquish the territories, the Arbitration Tribunal ruled, that Frontera committed material breach of the contract; Frontera is obliged to reimburse legal costs incurred regarding arbitration proceedings and the Arbitration Tribunal stopped considering the counterclaim demanding 3.5 billion USD after its withdrawal”- states Karl Pörnbacher.
In addition the lawyer states that Frontera never intended to perform the contract, neither during the period he started working on the case, nor before. According to the lawyer, the Georgian side has been negotiating the extension of the contract in the further period of 2017 from 2015-2016, but Frontera has never accepted responsibility to implement any of the obligations regarding investments.
Pörnbacher adds that in 2017, the parties resumed negotiations.Georgian side offered to resolve the dispute through negotiations amicably and even offered mediation, but Frontera refused.According to him, during the whole arbitration dispute,Frontera denied its obligation - to relinquish the territories.
“I am unaware till nowadays, whether they intended to return the exploration area after 2022. Now that the Arbitration Tribunal has already ruled that they are obliged to relinquish territories (which they had to concess back in 2017), they pretend as if they are intending so”-the lawyer explained.
He also emphasized that the dispute was discussed at the International Arbitration Tribunal by three high-ranking international arbitrators. Stockholm was designated as the venue for the process. None of the arbitrators, or judges, were Georgian - one of them was Swiss, another - a German living in London, and the third was a US citizen. The Georgian side now wants to enforce their decision.
Karl Pörnbacher states that Frontera was trying to politicize the issue from the very beginning, however he adds that it is not a political issue and a dispute, this is a purely commercial dispute and it was resolved on the basis of legitimacy.